Native species tanks...

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LongTime

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Originally posted by SimonWoodstock

I think in most states it is legal, but you have to have a current fishing license and the fish you are keeping count against your daily limit.
I just spent some time dulling my brain by trying to understand what my state (MO) is saying in:
http://www.sos.mo.gov/adrules/csr/current/3csr/3c10-9.pdf

(3) Fish, tiger salamander larvae and crayfish may be bought, sold, transported, propagated, taken and possessed by any person without
permit throughout the year in any number or size and by any method providing...
(A) That person has in his/her possession a dated, written statement showing the number or weight of each species and the weight of extracted fish eggs (raw or processed) of each species, as proof that such animals or
fish eggs were obtained from other than waters of the state or from a licensed commercial fisherman, provided that animals or fish eggs from outside the state were legally obtained from a commercial source.
(B) That person shall keep a dated receipt that includes the number or weight of each species and the weight of extracted fish eggs (raw or processed) of each species, that were
sold or given away and the name, address and signature of the recipient. These receipts shall be retained for three (3) years and shall be made available for inspection by an authorized agent of the department at any reasonable time.
(C) That person is in compliance with all
provisions of the Wildlife Code of Missouri pertaining to importation, purchase, or sale of endangered species, and importation of live fish or viable fish eggs of the family
Salmonidae.
(D) That the privileges of this section do
not apply to taking or possession in, on or from waters of the state, waters stocked by the state, or waters subject to movements of fishes into and from waters of the state, except:
1. Animals defined as live bait and possessed under provisions of this section may be possessed on the waters of the state for use as live bait.
2. Fish cultured by a commercial fish
producer that remain in a man-made
impoundment following inundation by flooding from waters of the state as defined in this Code shall be considered the property of the impoundment owner; provided the remaining fish species are the same as were present in the impoundment prior to inundation. Any other fish species in the impoundment shall be considered the property of the state and not available for sale, and shall be returned
unharmed immediately to the waters of the state when harvested.
3. With the written authorization of the
director, a privately-owned impoundment that is entirely confined and located completely upon lands owned or leased by a single person
or by two (2) or more persons jointly or
as tenants in common or by corporate shareholders, and that is designated as waters of the state, may be used for the commercial production of species listed in the Approved Aquatic Species List in 3 CSR 10-9.110
(3)(F) that were not stocked by the department, provided that:
A. The impoundment owner has in
his/her possession a dated, written statement showing the number or weight of each species stocked as proof that such animals were legally obtained from other than waters of the state or from a licensed commercial
fisherman.
B. The species being produced may
be harvested by the methods and under the conditions specified in the director's written authorization. All other species caught during culture activities must be returned unharmed immediately to the water.
C. Statewide seasons, methods and
limits apply for all other species.
(E) That the privileges of this section apply only to the following:
1. Species listed in the Approved Aquatic Species List (including all subspecies, varieties and hybrids of the same bought, sold, transported, propagated, taken and possessed
for purposes of aquaculture).
2. Species frozen or processed for sale
as food products.
3. Species incapable of surviving in
fresh water.
4. Species held only in aquaria, tanks or
other containers having water discharged only into septic systems or municipal waste treatment
facilities that are designed and operated according to guidelines of the Missouri Department of Natural Resources.
5. Species held only in a closed system
from which the escape of live organisms
(including eggs, parasites and diseases) is not possible. The species to be held and the system to be used must receive prior written approval from the director.
 

chkltcow

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What do you call 10,000 lawyers on the bottom of the ocean?


A good start! ;)


Anyway, what it looks like it is saying is:

(3) Fish may be capture and posessed without permit provided....
(E) (1) they will be held in aquariums and if removed, only flushed to a septic tank or municipal waste treatment plant... not a river.

Doesn't sound illegal, but I'm no expert in legalease.
 

LongTime

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Originally posted by chkltcow
What do you call 10,000 lawyers on the bottom of the ocean?


A good start! ;)


Anyway, what it looks like it is saying is:

(3) Fish may be capture and posessed without permit provided....
(E) (1) they will be held in aquariums and if removed, only flushed to a septic tank or municipal waste treatment plant... not a river.

Doesn't sound illegal, but I'm no expert in legalease.
Yeah, but don't forget to get all of the receipts and documents proving where you got them, how you got them and how big they were when you got them.

My head hurts!
 

Aquatick

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Most of that legal mumbo jumbo is pertaining to fish used for food purposes....salmon etc. To be honest the game and wildlife people aren't going to raid your house for having native species in your aquarium. Pardon the pun, but they have much bigger fish to fry! :D I've kept fish that I shouldn't have (Legally) and so have several friends of mine. One time an officer came up to us as we were cast netting and asked us what we were doing. I told him the truth, he laughed, and went on his way. lol
 
Sep 14, 2003
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Nice tanks a fish.

LongTime, if all else false, get a hunting and fishing schedule from the place you get licenses or look up your dept. of wildlife and fisheries online and get a number to call and they can probably tell you what is accepted and not accepted.

I am with Aquatik, it is not likely they will come raid your house. Chances are that it is not even illegal. If you want, I can give you some places to go where you may find someone who lives in your state what would know. Just pm me ifyou want a link.
 

duck

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I dunno

I find it Very wierd I can catch these fish and eat them but not put them in a tank care for them...

If it was bait I could keep them in order to catch other fish......

Perhaps that will be my story when the feds bust into my house in the middle of night with machine guns....

"Ah officer thats just my livewell over there in the corner...
Going fishing soon......."
 
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JoeB

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Weird law worth noting: In Florida it is illegal to posess a blue talapia, even tho they are rampant in South Florida waterways. Anyone know why? BTW, does anyone keep this member of the Cichlid family? They are pretty, AND good eating! lol
 

Aric

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Aquatick,

What fish do you have in your tank? My fish are all from Pet Smart but it sounds fun / interesting to get some local ones. Do you have pictures you can post?

Also, did you get plants and such from the water here for your tank?

Oh yeah...I'm in Clearwater...
 
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